Showing : 1-10 of 289 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, 37-- Bail - Offence u/ss 8, 18, 29 NDPS - Accused seeking bail to enable himself to lead evidence - However, examination of accused u/s 313 Cr.P.C. is complete and evidence from defence side started - Disclosure statement attributed to accused is not per se inadmissible - Moreover, it is not a case of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25-- Recovery of 3.640 kg opium - Secret information - Search and seizure - Witnesses proved recovery of contraband from accused - There is due compliance of mandatory provisions of the Act - FSL report proved that recovered contraband was opium having 3.2% Morphine - Sample parcels and seals were..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439-- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act, which violates said provision - Small..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 15(b)-- Nature of offence - Recovery of 6.600 kg. poppy straw - Seizure officer or I.O did not follow procedure of S.52-A of NDPS Act - Evidence of seizure officer cannot be accepted for the entire seized contraband i.e 18 quintals of poppy straw, as prosecution did not give any primary evidence of seized..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in terms of S.36-A(4) Proviso of NDPS Act -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 61, 85-- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 2.600 kg opium - Recovery effected from vehicle in question - Ownership of vehicle of petitioner is admitted fact, which was not required by investigating agency for further investigation - Same is lying in police station and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 720 kg poppy husk - Conscious possession - Accused persons apprehended on the road while carrying 18 bags containing 40 kg of poppy husk in each bag loaded in tractor-rehra - Accused in possession of contraband, proved on record - It is for accused to explain how they came to be in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 28, 29-- Recovery of 3 kgs opium - Bail - Co-accused of petitioners already granted bail - Admissibility of confessional statements suffered by petitioners and disclosure statements implicating petitioners by co-accused would be moot point during trial - Petitioners neither required nor involved in any..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Opium, , Section 9- - Nature of offence - Recovery of opium - Accused stored 100 bags of opium prior to NDPS Act coming into force and recovery effected after coming into force of the Act - On the date of recovery, he is in possession of contraband article and possession itself is an offence and punishable u/s 18 of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of opium - Actus of possession u/s 18 of Act is not punishable with retrospective affect - What is punishable is possession of prohibited article on or after a particular date when the statute was enacted, creating the offence or enhancing punishment - If a person is in possession of..........

Showing : 1-10 of 289 Results